Halacha and Chocolate

Halacha and Chocolate

By Yair Hoffman

Once upon a time, there were just flowers and wine. But now, a third option has boldly entered the Shabbos, Yom Tov, and general Simcha market - chocolate gift packs. The third option offers an amazing variety, and it’s under the Vaad too!

There are, in fact, two ways in which these gift packs can be purchased. There is the pre-packed method, which is generally much more expensive. And then there is the “make-your-own” method, which is less expensive, allows for personal creativity, and is loads of fun. Plus you get to watch them shrink wrap your creation and dress it up with a bow.

So what is the problem? Believe it or not, one must be extremely careful, because if not there is a whole host of prohibitions that one can violate in making your own gift pack.

The issue lies in the weighing.

As of this writing there are no signs on the store in question warning about how the chocolates are weighed and priced. The situation as it stands is fraught with halachic danger.

How so? Well, let’s say, for example, you purchased a $6.50 tray and went to fill up the three areas with various chocolates. At the top section you filled it with the $11.99 Swiss chocolates. You just took 3/10^th s of a pound of the Swiss chocolate one since they are pretty expensive. Then you took some of the $3.99 chocolate covered nuts. You got 1.2 pounds for that one. Then you took some $4.99 rum balls and took .9 of a pound on that one. The total should be $3.60 for the Swiss chocolate, $4.79 for the chocolate-covered nuts, and $4.49 for the rum balls. This adds up to $12.88 plus your $6.50 for the tray. Had you added them all up your expected total would have been $19.38, but who brings a calculator.

The problem is that this is not how the young lady behind the register will calculate it. Instead she will just average the total price of the chocolates [($11.99 + $3.99 + $4.99) divided by 3] and get the figure of $6.99. She will then multiply this figure by the total weight of all the chocolates – 2.4 pounds. The total you are now paying is $23.28 (including the container) almost $4 more than you would have paid had she weighed them separately.

Conversely, an unscrupulous chocolate lover could use this problem against the owners of the store. For example if you were to buy 3/10^ths of a pound of the $3.99 chocolate covered nuts and 1.6 pounds of the $11.99 Swiss stuff and them 1.3 pounds of the $12.99 cordials you’d only pay $30.90 for $37.27 worth of chocolate!

So who cares?

The Torah does. The Torah in Sefer VaYikra (19:35-36) tells us not to do an avel bamishpat referring to the proper use of measurements, and to use honest balances, honest weights, and honest dry and liquid measures. The purpose of this Torah commandment, of course, is to ensure that the purchaser receives and pays for the amount he thinks he or she has purchased. Even if a weight is off by only a small amount the verse in VaYikra is violated. These halachos are quantified in the Choshain Mishpat section of Shulchan Aruch (231:19).

Another issue is the one of Lifnei Iver – not placing a stumbling block before another person. The Torah (VaYikrah 19:14) states: “You shall not curse the deaf nor place a stumbling block before the blind; you shall fear your G-d - I am your L-rd.” Even if someone is inadvertently violating the prohibition against theft on account of you, you have placed a stumbling block in front of him.

While one may quibble about whether the violation of honest weights and measures is violated here, since there is nothing wrong with them per se, there clearly exists a violation of theft and of Lifnei Iver.

Of course this all is inadvertent, but that doesn’t really matter. Rashi on the verse in VaYikra labels the one who measures a “Dayan” a judge. He further writes that one who measures inaccurately is labeled with all the horrific appellations that apply to an unscrupulous judge. It causes the land to become impure; it causes Chilul Hashem, it removes the Shechina, it causes Israel to fall under the sword, and it causes Israel to be exiled from their land. As a judge who twisted things he is termed hated and an abomination.

Is there also a Lifnei Iver on Dina DeMalchusa Dina? Most authorities write that Dina DeMalchusa Dina is a rabbinic prohibition, but Lifnei Iver does apply to Rabbinic issues. Although most authorities also write that Dina DeMalchusa only applies to taxes and kinyanim, it can be argued that the Dina DeMalchusa Statute here (Nun Yud Choff Raish Raish: Siman Raish Chof Aleph) does apply to kinyanim.

Clearly, there may be some very serious prohibitions involved here.

So what are the solutions? One thing you can do is to make sure that you bag all your chocolates separately, then have them weighed, and then place them in the container that you purchased to be shrink-warpped. Another thing you can do is to mentally and or verbally forgive the inadvertent theft. What the store can do is to put a sign up by the scale that says, please note that the price you see may not be accurately reflected in your final purchase – since we average the price of all your chocolates.

Is this something that the Kashrus agency should be involved in? It is an issue that does not involve Kashrus per se, but involves other meta-halachic issues. Our Kashrus agencies do legislate in regard to closing in ample time before Shabbos, so why not include Lifnei Iver and Choshain Mishpat issues too? Indeed, the Ramvbam writes (in Hilchos Genaivah 8:20) that the Bais Din of the community is obligated to check the stores and make sure that the items are weighed honestly.